Here is another bit of real estate info in California provided by our own Cornerstone Title Company -thank you Kelly Vincelette ;-)
Does a person have ownership rights to a piece of property
if they are married, but their name is not on title?
For a community property in California, it depends upon when and how their spouse acquired the property. The law asserts that all property purchased during the marriage, with income that was earned during the marriage, is community property. Both spouses own it equally, regardless of whose name is on the title deed - and while married buyers can purchase property on their own, using only their credit, income and assets to qualify for a loan, that property is deemed to be owned by both spouses jointly.
If the intention is that the property be owned only by the spouse who purchased it, then the other spouse would have to relinquish their rights to it by executing and recording both a quit claim deed and a Preliminary Change of Ownership form.
Any real estate that was owned by one spouse prior to marriage remains separate property - as is property that is inherited or gifted to one spouse. If the other spouse’s name is not on title for either of these reasons, then they neither have ownership rights nor would they be responsible for loan repayment or other liens placed on that property - even if it resulted in foreclosure.
Spouses may comingle their separate property into community property at any time, simply by transferring that property into both names jointly. Then both spouses are on title and both have equal rights and equal responsibility for it, just as they would if they had purchased it, taken on a mortgage loan for it together, and listed both of their names on title.
To know more about responsibilities and liability, do look at the whole article, and if you have a question that is specific to your own situation, do contact a licensed California Real Estate attorney.
This article is written by Barbara Pronin who is an award-winning writer based in Orange County, Calif. A former news editor with more than 30 years of experience in journalism and corporate communications, she has specialized in real estate topics for over a decade.
For a community property in California, it depends upon when and how their spouse acquired the property. The law asserts that all property purchased during the marriage, with income that was earned during the marriage, is community property. Both spouses own it equally, regardless of whose name is on the title deed - and while married buyers can purchase property on their own, using only their credit, income and assets to qualify for a loan, that property is deemed to be owned by both spouses jointly.
If the intention is that the property be owned only by the spouse who purchased it, then the other spouse would have to relinquish their rights to it by executing and recording both a quit claim deed and a Preliminary Change of Ownership form.
Any real estate that was owned by one spouse prior to marriage remains separate property - as is property that is inherited or gifted to one spouse. If the other spouse’s name is not on title for either of these reasons, then they neither have ownership rights nor would they be responsible for loan repayment or other liens placed on that property - even if it resulted in foreclosure.
Spouses may comingle their separate property into community property at any time, simply by transferring that property into both names jointly. Then both spouses are on title and both have equal rights and equal responsibility for it, just as they would if they had purchased it, taken on a mortgage loan for it together, and listed both of their names on title.
To know more about responsibilities and liability, do look at the whole article, and if you have a question that is specific to your own situation, do contact a licensed California Real Estate attorney.
This article is written by Barbara Pronin who is an award-winning writer based in Orange County, Calif. A former news editor with more than 30 years of experience in journalism and corporate communications, she has specialized in real estate topics for over a decade.
Some necessary disclaimer: this material is not intended to be relied upon as a statement of the law, and
is not to be construed as legal, tax or investment advice. You are
encouraged to consult your legal, tax or investment professional for specific
advice. The material is meant for general illustration and/or
informational purposes only. Although the information has been gathered
from sources believed to be reliable, no representation is made as to its
accuracy.
Thanks for reading!Francis
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